Complaint by a Spiritual Minority After an Abusive MIVILUDES Raid

Complaint by a spiritual minority following an abusive raid by the MIVILUDES

CICNS (November 2010)

On 13 October 2009, on their property in Ille-et-Vilaine, the members of the Community of the Monastère œcuménique et laïc du Moulin des Vallées (Ecumenical and Lay Monastery of the Moulin des Vallées) suffered a brutal raid by the president of the MIVILUDES accompanied by journalists, experienced “like a violation”. On 19 May 2010, they decided to file a complaint that will stand as a landmark in the history of the resistance of spiritual minorities to the excesses of the French anti-cult campaign. The complaint was dismissed on the documents without further action by the public prosecutor of the Rennes court on 10 September 2010, but the complainants nevertheless still legally have the possibility of pursuing the action in court.

To the Public Prosecutor

Tribunal de grande instance of RENNES

Subject: Complaint against X

On the basis of articles 313-1 and 313-2 of the Penal Code, on the basis of articles 226-4, 226-7 and 226-8 of the Penal Code, and of article 27 of the law of 29 July 1881 on the freedom of the press.

Dear Public Prosecutor,

The Association “A Votre Santé” and the Ethics Officer of the Monastery,

Wish to file a complaint for:

• fraud (escroquerie),
• violation of the inviolability of the home,
• attack on the human person,
• infringement of the freedom of association,
• infringement of the right to one’s likeness,
• propagation of false news,

on the basis of articles 313-1 and 313-2 of the Penal Code, on the basis of articles 226-4, 226-7 and 226-8 of the Penal Code, and on the basis of article 27 of the law of 29 July 1881 on the freedom of the press.

THE FACTS:

The Association “A Votre Santé” has its seat at the “Monastère œcuménique et laïc du Moulin des Vallées”.

This is a private place indicated by a sign at the entrance (exhibit no. 9). (webmaster: see the sign on the Moulin des Vallées website)

On 13 October 2009, Mr FENECH and about ten people entered the private grounds of the Ecumenical and Lay Monastery in unmarked administration vehicles, presenting himself as a representative of the Interministerial Mission of Vigilance and Combat against Dérives Sectaires (MIVILUDES).

Madame G. consented to open the doors of the buildings that house the Ecumenical and Lay Community of the Moulin des Vallées at the insistence of Mr FENECH, who presented himself as the official and on-duty representative of the Interministerial Mission of Vigilance and Combat against Dérives Sectaires.

Mr FENECH demanded, in the name of the Interministerial Mission of Vigilance and Combat against Dérives Sectaires, to visit the premises, accompanied by about ten people assisting him in his inspection of the site.

In the way Mr FENECH presented his operations, it was implied that the team accompanying him had the status of agents of the State.

At no time did anyone present themselves as a journalist. There was no visible sign of affiliation with any print or television press company, including on the vehicles. The vehicles as a whole could suggest administration vehicles.

Yet present alongside the members of the MIVILUDES were journalists from France 2 and from Le Parisien - Aujourd’hui en France.

It was only at the end of a meticulous inspection lasting 2 hours that Madame Juillet, a journalist at Le Parisien - Aujourd’hui en France, disclosed this status in an aside to Madame G.

The newspaper Le Parisien - Aujourd’hui en France published on 16 October 2009 an article recounting “the raid” of the MIVILUDES on the community (exhibit no. 1). (webmaster: see the article on the Moulin des Vallées website)

It should be noted that the presence of the journalists from Le Parisien appears to be linked to the functions of Mr FENECH’s wife.

Christine GOGUET, Mr FENECH’s wife, is indeed a journalist at Le Parisien in charge of “supplements” and “special events” (exhibit no. 2).

This intervention is aptly described as a “raid” (descente) by the press article published on 16 October 2009 in Le Parisien - Aujourd’hui en France. The journalist states that “the MIVILUDES agents must have come to scout the terrain the day before, to properly mark out the mission.”

The newspaper thus clearly describes an operation by “the agents of the MIVILUDES”. The mention of “scouting” is revealing of a police operation.

The conditions under which this operation of religious policing took place constitute a violation of individual liberties and must consequently be prosecuted.

Moreover, the journalists of France 2, contacted by the Association “A Votre Santé”, judged it more reasonable not to broadcast the report they had filmed illegally, aware of the illegal practices implemented by Mr FENECH and his wife Madame Christine GOGUET (exhibits no. 5 to no. 8).

At the doors of the Monastery, Mr FENECH presented himself as President of an interministerial commission, deliberately creating the false impression of holding the status of investigator on behalf of an interministerial mission.

Confronted with an inspection by officials presenting themselves as investigators, the members of the Association who were present had no choice but to let Mr FENECH and his companions enter.

They were overawed by the false status claimed by Mr FENECH and “his agents”.

Once on the premises, it is indisputable that the members of the MIVILUDES as well as the members of the press had the sole intention of inspecting the Association.

This operation, prepared it seems with Mr FENECH’s wife, herself a journalist at Le Parisien, amounts to a police operation.

Under articles 313-1 and 313-2 of the Penal Code, it is provided that:

“Fraud (escroquerie) is the act, whether by the use of a false name or a false status, by the abuse of a genuine status, or by the use of fraudulent manoeuvres, of deceiving a natural or legal person and thus inducing them, to their own detriment or to the detriment of a third party, to hand over funds, valuables or any property, to provide a service or to consent to an act creating an obligation or a discharge.

Fraud is punished by five years’ imprisonment and a fine of 375,000 euros.”

“The penalties are increased to seven years’ imprisonment and a fine of 750,000 euros when the fraud is committed: …

2° By a person who unduly assumes the status of a person vested with public authority or entrusted with a public service mission;”

The Cour de cassation has held that “falsely claiming to be an authorised agent constitutes the assumption of a false status” (Crim. 18 July 1968, Bull. crim. no. 233)

Mr FENECH committed fraud against the members of the Association by making use of a false status of agent entrusted with a public service mission in order to compel my clients to let him enter premises he knew to be private.

Such an attitude is all the less excusable given that he previously held the office of investigating judge (exhibit no. 11).

Mr FENECH was accompanied in this illegal operation by journalists working with an unmarked camera (no logo) without disclosing their true status, and by a team from a daily newspaper administered by his wife, Madame GOGUET (exhibit no. 2).

Through an illegal exercise of the authority attached to his functions as president of the MIVILUDES, Mr FENECH deliberately led the members of the Association “A Votre Santé” to believe that he was accompanied by agents of the State, whereas this intrusion was the work of journalists from Le Parisien, of which Mr FENECH’s wife is an administrator, and of journalists from France 2 with an unmarked camera (no logo).

The MIVILUDES was established by decree on 28 November 2002 for the purpose of vigilance and combat against dérives sectaires. The law provides for no case in which the interministerial mission may enter another person’s home against their will or carry out a police operation with “scouting” and the use of a false status (exhibits no. 13 and no. 14).

When he speaks, Mr FENECH does so in the name of the “Prime Minister” and of the “French Republic” (exhibit no. 12). The status of representative of the Prime Minister, used to enter a private place with journalists, is the sole reason the doors of the Monastery were opened to Mr FENECH and his agents on 13 October 2009.

It is flagrant that Mr FENECH exceeded his functions and the powers delegated to him by the Prime Minister in order to engage in an illegal investigation trampling on the individual liberties of my clients.

He took advantage of his status as the Prime Minister’s representative to bring, by surprise, the newspaper for which his wife works, and the channel France 2, into a private Monastery.

Such a way of proceeding in the name of the Prime Minister is scandalous in a State governed by the rule of law.

Article 226-4 of the same code provides that:

“Entering or remaining in another person’s home by means of manoeuvres, threats, assault or coercion, except in cases where the law permits it, is punished by one year’s imprisonment and a fine of 15,000 euros.”

Thus, every person present at Mr FENECH’s side, participating in this manoeuvre to enter the Monastery, violated the inviolability of the home.

In view of the conduct of the agents of the MIVILUDES as well as those of the daily newspaper “Le Parisien - Aujourd’hui en France” and of the television channel France 2, my clients file a complaint under article 226-7 of the Penal Code, which provides that:

“Legal persons declared criminally liable, under the conditions provided for by article 121-2, for the offences defined in this section incur, in addition to the fine in accordance with the terms provided for by article 131-38:

1° (Repealed);

2° Prohibition, permanently or for a period of up to five years, from directly or indirectly exercising the professional or social activity in the exercise of which, or on the occasion of the exercise of which, the offence was committed;

3° The posting or dissemination of the decision pronounced, under the conditions provided for by article 131-35.”

Quite evidently, Mr FENECH, acting in the name of the Prime Minister, mounted with the channel France 2 and the daily “Le Parisien - Aujourd’hui en France” an illicit operation consisting of passing himself off as a sworn agent of the State, with the aim of slyly bringing journalists into a private place.

During their inspection of the premises, the journalists of Le Parisien - Aujourd’hui en France took no photographs so as not to betray the true reason for their presence. They then illustrated their press article with photographs belonging to the Association.

The two photographs illustrating the offending article of 16 October 2009 are in fact unauthorised reproductions of photographs taken from the publications of the Association “A Votre Santé” (exhibits no. 15 and no. 16).

The newspaper “Le Parisien - Aujourd’hui en France” did not hesitate to misappropriate these images in order to convince the public of the cult character of the association, going so far as to compare the revolving house to a flying saucer.

Article 226-8 of the Penal Code provides that:

“Publishing, by any means whatsoever, a montage made with the words or the image of a person without their consent is punished by one year’s imprisonment and a fine of 15,000 euros, if it is not obvious that it is a montage or if it is not expressly stated.

When the offence provided for in the preceding paragraph is committed through the print or audiovisual press, the specific provisions of the laws governing those matters are applicable as regards the determination of the persons responsible.”

It has been held that: “The ‘montage’ does not necessarily constitute a manipulation or doctoring of the photograph, but is realised as soon as the insertion of that photograph into a context of images, drawings or captions modifies its artistic value, its import or its meaning” (Toulouse, 26 February 1974: D. 1974, 736)

The presentation of the Association in the press article is unequivocal and insinuates that it is a cult. The reader can think nothing else, since the article appears on the same page dealing with the dangerousness of cults.

Associating the image of Mr T., commonly known as Brother Abel, with the words “cults” and “charlatans” is not innocuous. It contributes to the propagation of false news under article 27 of the law of 29 July 1881.

Under that article, it is provided that:

“The publication, dissemination or reproduction, by any means whatsoever, of false news, or of documents fabricated, falsified or mendaciously attributed to third parties, when, done in bad faith, it has disturbed the public peace, or was liable to disturb it, shall be punished by a fine of 45,000 euros.”

Given the prevailing majority sentiment of distrust towards cults, falsely denouncing an association as such could have disturbed the public peace by provoking reprisals against the members of that association.

Bringing such disturbance into a charitable association that takes in suicidal, drug-addicted, depressed, broken and fragile people falls within the criminal domain.

Mr Georges FENECH cannot under any circumstances be allowed to take us back to the era of the Inquisition.

Such an attitude, which purports to protect people who would, according to Mr FENECH, be in danger because they frequent the Ecumenical and Lay Monastery of the Moulin des Vallées, can obviously only place them genuinely in danger.

It is patent in these circumstances that the “raid” by Mr FENECH accompanied by journalists with an unmarked camera (no logo) violated the individual liberties of my clients.

The Association “A Votre Santé” and the Ethics Officer of the Monastery are consequently fully justified in filing a complaint for fraud, violation of the inviolability of the home, attack on the human person, infringement of the freedom of association, infringement of the right to one’s likeness, and propagation of false news on the basis of articles 313-1 and 313-2 of the Penal Code, on the basis of articles 226-4, 226-7 and 226-8 of the Penal Code, and on the basis of article 27 of the law of 29 July 1881 on the freedom of the press.

The perpetrators of these offences should be identified by entrusting such judicial police officer as the court sees fit with the investigation of the present complaint and its consequences.

Exhibits provided:

• Press article from Aujourd’hui en France of 16 October 2009
• Letter from the Association “A Votre Santé” dated 1 December 2009
• Letter from the president of the Association “A Votre Santé” dated 15 October 2009
• Registered letter from the members of the Community of the Ecumenical and Lay Monastery of the Moulin des Vallées dated 27 October 2009
• Registered letter from Mr L. dated 5 November 2009
• Registered letter from Mr G. dated 2 November 2009
• Registered letter from Madame G. and Messrs L. and G. dated 8 November 2009
• Registered letter from Madame T. dated 8 November 2009
• Photograph of the sign at the entrance of the Monastery
• Letter from the Ecumenical and Lay Monastery of the Moulin des Vallées dated 26 August 2009
• Articles on Mr FENECH and his role in the MIVILUDES
• Press release dated 14 September 2009
• Presentation of the MIVILUDES
• Decree of 28 November 2002 establishing an Interministerial Mission of Vigilance and Combat against Dérives Sectaires
• Slideshow of the Association “A Votre Santé”
• Humorous photo of the elixir of Reverend Father T.